S.Alagar v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.11.2016

CORAM

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD).No.14119 of 2011 and M.P.(MD).No.1 of 2011 S.Alagar .. Petitioner Vs.

1.The Superintendent of Police, 2.The Deputy Superintendent of Police, District Crime Branch, 3.The Deputy Superintendent of Police, Thiruppathur Taluk, 4.The Sub Inspector of Police, Singampunari Police Station, Thiruppathur Taluk, .. Respondents PRAYER:This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the 1st respondent to conduct the spot inspection in the place of S.F.No.640/5, North Singampunari (Police), Karaikudi Taluk, Sivagangai District, wherein the petitioner is residing and the offence of atrocity has been committed on the petitioner and his family members by upper section of the people and consequently direct the 1st respondent to appoint an investigation officer so as to given a report and to take preventive measures to ensure the life of the petitioner as per complaint, dated 17.08.2011 and pass any further or other orders.

For Petitioner : Mr.R.Suresh Kumar For Respondents : Mr.K.Anbarasan Government Advocate (Crl. Side)

O R D E R

This petition is filed to direct the 1st respondent to conduct the spot inspection in the place of S.F.No.640/5, North Singampunari (Police), Karaikudi Taluk, Sivagangai District,

wherein the petitioner is residing and the offence of atrocity has been committed on the petitioner and his family members by upper section of the people and consequently direct the 1st respondent to appoint an investigation officer so as to give a report and to take preventive measures to ensure the life of the petitioner as per complaint, dated 17.08.2011 given by the petitioner.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondents.

3.The learned counsel for the petitioner would submit that the petitioner lodged a complaint against the proposed 5th respondent A.R.Krishnan Chettiar, alleging that since the petitioner is an illiterate person, he illegally obtaining a Power of Attorney from the petitioner and he sold the property by executing a sale deed. Despite the complaint made by the petitioner, the respondent has not conducted spot inspection so far. Hence, the petitioner is before this Court with this petition.

4. The learned Government Advocate (Criminal Side), on instructions, would submit that the third respondent, the Deputy Superintendent of Police, Thiruppathur Taluk, Sivagangai District, has already conducted the spot inspection and after obtaining statement from the petitioner and other witnesses, filed the final report. He further submitted that the third respondent has complied with all the legal formalities under the provisions of law.

5. Considering the above facts, no further order is necessary. Hence, this Criminal Original Petition is closed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar PJL To 1.The Superintendent of Police, 2.The Deputy Superintendent of Police, District Crime Branch,

3.The Deputy Superintendent of Police, Thiruppathur Taluk, 4.The Sub Inspector of Police, Singampunari Police Station, Thiruppathur Taluk,

5. The Additional Public Prosecutor, Madurai Bench of the Madras High Court, Madurai.

JAM/08.12.16/SK-SKN/ 3p-6c Crl.O.P.(MD).No.14119 of 2011 11.11.2016